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WILLIAMS v. COUNTY OF BUFFALO

No. 36343.

147 N.W.2d 776 (1967)

181 Neb. 233

Bede F. WILLIAMS et al., Appellants, v. COUNTY OF BUFFALO, Nebraska, City of Kearney, Nebraska et al., Appellees.

Supreme Court of Nebraska.

January 6, 1967.

Attorney(s) appearing for the Case

Tye, Worlock, Knapp & Tye, Jeffrey H. Jacobsen, Kearney, for appellants.

Andrew J. McMullen, Ward W. Minor, Kearney, Stewart, Calkins & Duxbury, David L. Crawford, Lincoln, for appellees.

Herbert M. Fitle, City Atty., Frederick A. Brown, Edward M. Stein, Walter J. Matejka, James E. Fellows, Allen L. Morrow, P. D. Spenceri, Omaha, amicus curiae.

Ralph D. Nelson, City Atty., Vincent D. Brown, Arlyss E. Brown, Jerry C. Nelson, Asst. City Attys., Lincoln, amicus curiae.

Heard before WHITE, C. J., and CARTER, SPENCER, BOSLAUGH, BROWER, and McCOWN, JJ., and FLORY, District Judge.

CARTER, Justice.

This is an action for an injunction to enjoin the assessment and levy of municipal taxes by the City of Kearney upon the real and personal property of the plaintiffs. The trial court denied an injunction and plaintiffs have appealed.

On May 14, 1963, the City of Kearney passed ordinance No. 1711 which had the effect of annexing the lands of the plaintiffs described in the petition to the City of Kearney pursuant to L.B. 338, Laws 1963, c....

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